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legal notice to the builder for refund


27-Jul-2023 (In Property Law)
I purchased a flat in Unitech Crest View, Gurgaon. Builder has delayed the possession of my house for three years now. I want my money back and also interest on the same. Please advise.
Answers (1)

Answer #1
232 votes
If your builder has delayed the possession of your flat, you can send him a legal notice claiming to return the entire deposit you have made so far along with interest and damages. Once a legal notice is sent, the builder might speed up the process of refunding money. 

You can also file a consumer complaint for 'deficiency in services'  as defined under the Consumer Protection Act, 1986 against the builder. You can also file a regular civil suit before a competent court of jurisdiction for specific performance and damages under Indian Contract Act. 

Recently, the Supreme court has slapped a penalty on Unitech Resorts for delay in handing over of flats. The court has directed Unitech to deposit 14% percent interest on INR 16.55 crore.  In all such matters, courts are buyer centric and aim at providing relief to the buyers at the earliest. 

It is advisable that you approach an experienced lawyer in these matters so that you get the refund at earliest along with a huge compensation and interest. 

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

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